Reasons your employer might deny intermittent FMLA

On Behalf of | May 23, 2024 | FMLA Discrimination

Intermittent FMLA allows employees to take leave in small chunks rather than one continuous period. This type of leave is for medical treatments, recovery from an illness or to care for a family member with a serious health condition.

If you are granted intermittent FMLA, you can take this leave as needed, whether it is a few hours a week or a few days each month. However, your employer may have reasons for denying your request.

Eligibility issues

One reason your employer might deny a request for intermittent FMLA is eligibility. Employees must work for a covered employer, which includes public agencies and private-sector employers with 50 or more employees. Additionally, employees must have worked for their employer for at least 12 months and logged at least 1,250 hours over the past year. If you do not meet these criteria, you are not eligible for FMLA leave.

Insufficient certification

Employers can also deny intermittent FMLA if the medical certification is insufficient. Employees must provide a completed medical certification form from a healthcare provider, detailing the need for intermittent leave. The form must include specific information about the medical condition and the necessity for intermittent leave.

If your form is incomplete, vague or does not adequately support the need for intermittent leave, your employer can deny the request. In such cases, employers sometimes give employees a chance to correct or provide additional information before making a final decision.

Business operations concerns

Business operations can be another reason for denial. While employers must try to accommodate FMLA leave, they can deny your intermittent leave if it disrupts business operations significantly. This is more common in positions that are key to daily operations or those with duties that cannot be easily redistributed. Your employer must provide a valid reason why intermittent leave would cause substantial disruption and should explore alternative solutions with you.

Understanding the reasons your employer might deny intermittent FMLA can help prepare you to meet all the requirements. If your employer does not have a valid reason for denying your request, it is smart to seek legal guidance from an expert in FMLA rights.